Magistrates Flashcards
What is a magistrate?
A magistrate is an unpaid, unqualified member of the public who hears cases in the court
What are the key qualifications to become a lay magistrate?
- Aged 18-65 upon appointment, with mandatory retirement at 70
- Must commit to 26 half-days per year of unpaid work or 13 full ones
What would make a candidate ineligible to become a lay magistrate?
Conviction for serious crimes or multiple minor offenses.
Declared bankruptcy.
Banned from driving.
Conflict of interest (e.g., being a police officer
What are the steps involved in the selection process for lay magistrates?
Apply to the Local Advisory Committee (LAC).
Test 1: Assesses six key qualities (e.g., commitment, reliability, good character).
Test 2: Evaluates judicial qualities and aptitude.
Two interviews: One for general suitability and another for practical case examples and background checks.
LAC recommends candidates to the Lord Chief Justice.
How is a lay magistrate officially appointed?
Adverts are placed in local newspapers, noticeboards, radio, and social media.
Candidates apply in their home or work area.
Fill out an application form (eligibility check).
First interview at LAC.
Second interview (practical case examples and background check).
LAC recommends candidates to the Lord Chief Justice (under the Crime and Courts Act 2003).
Candidate is sworn in at a local court ceremony.
What is the role of lay magistrates in criminal cases?
Deal with 95% of all criminal cases.
Work in a “bench” of three, with one as chairperson.
Hear less serious cases (summary offenses).
Maximum sentencing power of 6 months (can commit more serious cases to Crown Court).
Handle bail applications.
Can enforce fines and search warrants.
Specially trained magistrates can sit in Youth Court (10-17-year-olds).
What are the six key qualities required for a lay magistrate?
Good character.
Understanding and communication.
Social awareness.
Maturity and sound temperament.
Sound judgment.
Commitment and reliability.
What are the limits to a lay magistrate’s powers?
Cannot handle cases involving serious offenses like murder or rape.
Maximum sentencing power is 6 months’ imprisonment (12 months for multiple offenses).
Can refer more serious or complex cases to the Crown Court
Why are lay magistrates important in the justice system?
Represent the local community.
Provide local knowledge and fairness.
Reduce the burden on professional judges.
Offer a balanced perspective through teamwork.
Ensure justice is accessible and cost-effective.
